O McGreevey signed into law a bill the information that had to be - PDF document

G Employment Law Alert December 2004 Amendment to New Jersey’s Whistleblower Protection Statute Imposes New Posting and Annual Notice Obligations on Employers By Martha L. Lester, Esq. and Elizabeth Rogers Hall, Esq. n September 14, 2004, former Gov. James With the amendment, lawmakers also changed O McGreevey signed into law a bill the information that had to be provided in the amending the New Jersey Conscientious notice. Before the amendment, the Statute Employee Protection Act (“CEPA”). The bill took required employers to include information about effect immediately upon signing and augments CEPA’s “rights and procedures” and to identify the CEPA’s notice requirements for New Jersey individual designated by the employer to receive employers. complaints from employees about activities, As New Jersey’s whistleblower protection policies, or practices that they believed were illegal statute, CEPA, among other things, prohibits or incompatible with public policy. In the new employers from taking any retaliatory action against notice, employers also must provide information an employee who “blows the whistle” by disclosing about CEPA’s “protections and obligations.” or threatening to disclose, objecting to, or refusing Because the difference between “rights and to participate in any activity, policy, or practice that procedures” and “protections and obligations” is the employee reasonably believes is illegal or not explained in the amendment, exactly how the harmful to the public health, safety, or welfare. amendment changes the substance of the notice remains unclear. Prior to the amendment, CEPA required all employers to display conspicuously in the In interpreting the amendment, employers may workplace a notice informing employees of their find guidance in the recent notice issued by the “protections and obligations” under CEPA. The Commissioner of Labor and Workforce amendment now requires employers with 10 or Development (“Commissioner”). The amendment more employees to distribute a copy of the notice to directs the Commissioner to make available to employees on an annual basis, in addition to employers Spanish and English versions of the complying with the Statute’s posting obligations. notice fulfilling the new requirements. The new Distribution to employees may be made either by notice issued by the Commissioner includes a electronic means or by hard copy. Also new is the detailed description of the activities that are requirement that posted and distributed notices be afforded protection under CEPA, suggesting that in both English and Spanish. Employers retain the the phrase “protections and obligations” means the discretion to issue a notice in any other language class of whistleblowing activities that CEPA spoken by the majority of their employees. protects from retaliation. For your convenience, This document is published by Lowenstein Sandler PC to keep clients and friends informed about current issues. It is intended to provide general information only. L Roseland, New Jersey Telephone 973.597.2500 65 Livingston Avenue www.lowenstein.com 07068-1791 Fax 973.597.2400

G we have included the English version of the New Edition Coming Soon Commissioner’s notice. Employers may obtain a The new edition of “ The Practical Guide to copy of the Commissioner’s notice directly by Federal and New Jersey Employment Law: The contacting the New Jersey Department of Labor Employers’ Resource,” Executive Editor, and Workforce Development. Martha L. Lester, includes: We strongly urge all employers to update their � Federal Law Updates CEPA notices as soon as possible. We also � Easy-to-Follow Index recommend that employers with 10 or more � New In-Depth Chapters employees immediately distribute a copy of the new This Guide , published in notice to their employees and begin developing an connection with the New implementation strategy for annual distribution of Jersey Business & Industry the notice. Finally, it may be prudent for all Association, is the resource employers to offer a training session on CEPA or for New Jersey employers incorporate a discussion of CEPA’s rules into other seeking to comply with training sessions. A training session gives applicable federal and state employers an opportunity to clarify that not all laws, regulations and employee complaints about the workplace receive procedures in the protection under CEPA and that CEPA does not employment-related area. It provides management with permit employees to substitute their judgment for critical information concerning existing laws, emerging the business judgment of their employers. trends, most frequently asked questions, and practical If you have any questions or concerns about the tips on managing the workforce and workplace. recent developments in the law in this area and its You may also wish to obtain a copy of our current potential application to your workplace, please edition, “ A Practical Guide to New Jersey contact Martha L. Lester, Esq., Chair of the Employment Law: The Employer’s Resource ,” Employment Practices Group, at (973) 597-2388 or Martha L. Lester, Executive Editor. To obtain a copy, Elizabeth Rogers Hall at (973) 597-6150. We please contact Katherine Teixeira Christie at would be pleased to provide you with advice 973.422.6448 or e-mail kteixeira@ lowenstein.com. respecting your employment practices and workplace compliance issues.